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MATTER OF FOTOPOULOS v. BD. OF ELECTIONS OF THE CITY OF NEW YORK

64 A.D.2d 878 (1978)

In the Matter of Harry C. Fotopoulos, Appellant, v. Board of Elections of the City of New York, Respondent In the Matter of Harry C. Fotopoulos, Appellant, v. Commissioners of the Board of Elections of the City of New York, and Alfred J. Perlen, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

August 25, 1978

There is no infirmity in the legislative requirement as enforced by the Board of Elections, that change of enrollment be in accordance with certain specified time requirements (Rosario v Rockefeller, 410 U.S. 752). With respect to the question of whether the committee on vacancies is legally constituted (see Election Law, § 6-120, subd 1) the matter is not yet before us.

Silverman and Sandler, JJ., dissent in part in a memorandum...

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